HomeMy WebLinkAboutR-99-0143J-99-179
2/12/99
RESOLUTION NO. 3 J- 14 3
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE CITY OF SUNNY
ISLES BEACH, FLORIDA, ON BEHALF OF THE CITY
OF MIAMI POLICE DEPARTMENT, PURSUANT TO
SECTION 23.1225 (3) , FLORIDA STATUES (1996) .
WHEREAS, there exists the continuing possibility of law
enforcement problems and other natural and man-made conditions
which are, or are likely, to be beyond the control of the
services, personnel, equipment or facilities of the City of Miami
Police Department and/or of the City of Sunny Isles Beach Police
Department; and
WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida
Statutes) grants the City of Miami and other participating
agencies the authority to enter into mutual aid agreements to
ensure that law enforcement agencies will be prepared to
adequately address any and all of these conditions to protect
Public peace and safety and to preserve the lives and property of
the public of the City of Miami and participating Miami -Dade
County municipalities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
CITY COMm3SIOx
MEETING c7F
FEB 2 3 1999
Besolution No.
99- 143
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedll to
enter into a Mutual Aid Agreement, in a form acceptable to the
City Attorney, with the City of Sunny Isles Beach, Florida, on
behalf of the City of Miami Police Department pursuant to Section
23.1225(3), Florida Statutes (1966).
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor2l.
PASSED AND ADOPTED this 23rd day of February , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-30, since the Mayor did not ind r:a!v a_p.nrn;,;.,i of
this legislation by signing it in the designated place , ro.�i.�F,r :a'„ legisls• motes effective with the elapse of ten (10) da?6t
from the gate of Ccmmiss�
+ding same, without the Mayocticr
r xer ' 'ng o
ic
ATTEST:
WALTER J. FOEMANITY CLERK W iter J. an, City Cleric
AND CORRECTNESS:e"
W4320:CSK
1� The herein authorization is further subject to compliance with al
requirements that may be imposed by the City Attorne 1
limited to those prescribed b Y, including but not
provisions. y applicable City Charter and Code
2� If the Mayor does not sign this Resolution, it shall become effective
at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Ordinance, it shall become effective immediately
upon override of the veto by the City Commission.
SJ- 114'3
CITY OF MIAMI, FLORIDA 15
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members
ro ` of the City Commission DATE: FEBr
I 2 FILE:
SUBJECT: Proposed Resolution
FROM.. Donald H. Warshaw REFERENCES: Mutual Aid Agreement
City Manager
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the enclosed Resolution
authorizing the City Manager to execute a Mutual Aid Agreement between the City of Miami and
the City of Sunny Isles Beach, for the purpose of rendering mutual law enforcement aid, as
requested.
BACKGROUND
There is an existing and continuing possibility of the occurrence of law enforcement problems and
other natural and man-made conditions which are or are likely to be beyond the control of the
services, personnel, equipment or facilities of the City of Miami Police Department and/or the City
of Sunny Isles Beach Police Department. To meet the responsibility of the respective governments
to ensure the public safety of their citizens by providing adequate levels of police services,
preparation must be ensured to protect the public peace and safety and to preserve the lives and
property of the people of the City of Miami and of the City of Sunny Isles Beach. It is necessary
for the two governmental agencies to execute a Mutual Aid Agreement between themselves in
order to ensure such preparation.
DHW:'%To:lmr
99` 1A
City of Sunny Isles Beach
Office of the City Clerk
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida
(305) 947-0606 phone (305) 949-3113 Fax
Mayor David P. Samson
Vice Mayor Irving Turetsky
Commissioner Danny Iglesias _
Commissioner Lila Kauffman _
Commissioner Connie Morrow August 5, 1998 -
t •
Mr. Walter Foeman
City Clerk
City of Miami
3500 Pan American Drive•
MIAMI FL 33133
Subject: Police Mutual Aid Agreement With the City of Sunny Isles
each
A
dFoeman:
a
De .
The City Commission of the City of SunnyIsles Beach pursuant . p nt to
Resolution No. 98-66, authorized the execution of the attached
agreement with your municipality for Police Mutual Aid. I am forwarding
the enclosed original documents for agenda consideration by your
governing body.
Assuming that the agreement is approved, please have the appropriate
officials execute each of the documents and p!ease return one set of
original documents to my attention.. Thank YOU for your assistance with
this request.
Sincerely,
Richard Iaruwn-Morilla
City Cl--rk
99- 143
RESOLUTION NO.98- Co 1O
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON
BEHALF OF THE CITY, AN AGREEMENT WITH THE CITY
OF , ORIDA, FOR POLICE MUTUAL AID; AND
AUTHORIZING THE POLICE CHIEF OF THE CITY TO
EXECUTE A JOINT DECLARATION AS NECESSARY FOR
THE PROTECTION OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is the responsibility of Dade County municipalities to ensure the public
safety of their citizens by providing adequate levels of police service; and
WHEREAS, the choice of existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are beyond the control of
the services, personnel, equipment or facilities of the City of Sunny Isles Beach Police Department;
and
WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida Statutes) grants the City of
Sunny Isles Beach and other participating agencies the authority tq enter into mutual aid agreements
in order to ensure that law enforcement agencies will be prepared to adequately address any an all
of these conditions, to protect public peace and safety and to preserve the lives and property of the
public of the City of Sunny Isles Beach and participating Dade County municipalities;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. The Mayor is hereby authorized to execute the attached Mutual Aid Agreement by
and between the City of Sunny Isles Beach, Florida and the City of Miami, and
authorizing the Police Chief of the City to execute a joint declaration as may be
Mutual Aid Res
99- 143
necessary for the protection of the City,bothof which are attached ttached hereto and made
I part hereof as Composite Exhibit "A".
ect'on 2. In the event an immaterial change is requested in a agreement
, the Mayor or Police
Chie& as the case may be, is hereby authorized to make such change. Any material
change(s) will mandate a review by the City Commission.
ection 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16' day of July, I99$'/j
ATTEST: David Samson,
Richard Brown_Ar
Monlla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
M. Dannheisser, City Attorney
Vote:
Moved by:
Seconded by:
Mayor Samson
Vice Mayor Turetsky
_. S�(Yes)
(No)
Commissioner Iglesias
Commissioner Kauffman
--- (Yes)
✓(Yes)
(No)
(No)
Commissioner Morrow
75 S
(No)
— (Yes)
(No)
Mun al Aid Rm
99- 143
i
MUTUAL AID AGREEMENT
Between the City of Sunny Isles Beach Police Department
and the City of Miami Police Department
WHEREAS, it is the responsibility of the governments of the City of Sunny Isles Beach, Florida and the
City of Miami, Florida to ensure the safety of their citizens by providing adequate levels of police services
to address any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement
problems and other natural and man-made conditions which are, or likely to be, beyond the control of the
services, personnel, equipment or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to
address any and all of these conditions, to protect the public peace and safety, and to preserve the lives
and property of the people of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority under Chapter 23 Flo '
Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement. nda
NOW, THEREFORE, BE IT KNOWN, that the City of Sunny Isles Beach, subdivision of the State of
Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid
in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting rendering of assistance
elements of both a voluntary cooperation agreement and a requested operational assistance
for both routine and law enforcement intensive situation this Mutual Aid Agreement combines the
agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various conditions of situations
where aid may be requested or rendered pursuant to this agreement, as determined by
concerned agency heads. Subsequent to execution by the concerned agency heads, the
joint declaration shall be filed with the clerks of the respective political subdivisions and
shall thereafter become part of this Agreement. Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent declaration with the
clerks of the respective political subdivisions.
B Agency or participating law enforcement agency: Either the City of Sunny Isles Beach
Police Department or the participating municipal police department.
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officers, agents, or employees of any such agency, when Performing their respective
functions within the territorial limits of their respective agencies, shall apply to them to the
same degree, manner, and extent while engaged In the Performance of their functions and
duties extraterritorial under the provisions of this Mutual Aid Agreement. The this Agreement shall apply with equal effect to paid and auxiliary employees, provision of
�• Indemnification: The political subdivision having financial responsibility fqr the law enforcement
agency providing aid pursuant to this Agreement agrees to hold harmless, defend and indemnify
the requesting law enforcement agency and it's political subdivision In
damages resulting from any and all acts or conduct of ern �Y ��' ion or claim fot
Providing aid pursuant to this employees of said providing agency while
applicable.. Agreement, subject to Chapter 768, Florida Statutes, where
7. subject
It is recognized that during the course of the operation of the Agreement, property
,
bject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized.
The Property shall be seized, forfeited, and equitably distributed among the participating agencies
Proportion Pursuant to ant of investigation and participation Performed by each agency. This
shall occur provisions of the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled
by the provisions of the latter, whenever conditions exist that are within the definitions stated in
Chapter 23 Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and
including August 1, 2006, under no circumstances may this Agn nt be renewed. amended or
extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice
to the other party. Cancellation will be at the discretion of the Chief executive officers of the
parties hereto.
AGREED AND ACKNOWLEDGED this day of 1998
C' 4an - .e (r:C!;o�f Sunny Isles Beach, Florida City Manager, City of Miami, Florida
ATTEST:
Ci�Clflyerk, Florida City of Sunny Isles Beach,
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
homey, City of Sunny Is! Beach, each, Florida
ATTEST:
City Cleric, City of Miami, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
City Attorney, City of Miami ,Florida
59- 143
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